HomeMy WebLinkAboutcoa.lu.cu.Harris ADU-Lot 3 Black Birch Estates A030-98RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT AT THE HARRIS RESIDENCE, LOT 3 BLACK BIRCH
SUBDIVISION, 75 OVERLOOK DRIVE, CITY OF ASPEN.
Parcel No. 2735- 013 -07 -021
Resolution 498 - nq
WHEREAS, the Community Development Department received an application
from Rebecca and John Harris, owner and applicant, for a Conditional Use Review for an
attached Accessory Dwelling Unit of approximately four hundred (400) square feet, in
combination with a proposed single - family home, on Lot 3 of the Black Birch
Subdivision, 75 Overlook Drive; and,
WHEREAS, the vacant parcel is approximately 16,874 square feet and located in
the Moderate Density Residential (R -15) Zone District; and,
WHEREAS, the Black Birch Subdivision was created in 1967 and pursuant to
Section 26.100.050, an Accessory Dwelling Unit qualifies the development of a single -
family home on a lot created before November 14, 1977, for an exemption from the
Growth Management Quota System; and,
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code,
Accessory Dwelling Units may be approved by the Planning and Zoning Commission as
Conditional Uses in conformance with the requirements of said Section; and,
WHEREAS, the Housing Office, Water Department. Fire Marshall,
Environmental Health Department, Aspen Consolidated Sanitation District, City
Engineering, Parks Department, and the Community Development Department reviewed
the proposal and recommended approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on June 2, 1998, the
Planning and Zoning Commission approved by a 4 -3 vote the Conditional Use for an
Accessory Dwelling Unit for the Harris residence, 75 Overlook Drive, with the conditions
recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for an attached Accessory Dwelling Unit for the proposed
single - family residence at 75 Overlook Drive is approved with the following conditions:
1. Prior to issuance of a building permit, the applicant shall submit appropriate
development plans in accordance with all dimensional requirements of the R -15
zone district and Residential Design Standards. The accessory dwelling unit shall
be labeled and the deed restriction noted on the building permit plans. Parking for
the ADU shall be delineated on the building permit plans.
2. Prior to the issuance of any building permits the owner shall:
a. Verify with the Housing Office that the Accessory Dwelling Unit
contains between 300 and 700 square feet and clearly meets the
definition of an Accessory Dwelling Unit;
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b. Verify with the Housing Office that the ADU will contain a kitchen
having a minimum of a two- burner stove with oven, standard sink, and
a 6 -cubic foot refrigerator plus freezer;
C. Provide the Housing Office with a signed and recorded Deed
Restriction, a copy of which must be obtained from the Housing Office;
d. Clearly identify the Accessory Dwelling Unit (ADU) on building
permit plans with the minimum one (1) off - street parking space
provided. The ADU space cannot be stacked with a space for the
primary residence
e. Demonstrate the ADU meets all applicable UBC requirements for light
and air.
3. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the
Zoning Officer shall inspect the accessory dwelling unit for compliance with all
appropriate standards in Section 26.40.090 of the Code and any conditions of
approval.
4. Both the ADU and the principal residence shall be designed and constructed to
be able to function as separate living units. Each shall have an entrance and
access to individual mechanical equipment for the unit.
5. Before issuance of a building permit, the applicant shall document on the site
improvement survey the caliper of the trees on -site. A tree removal permit from
the City Parks Department shall be required for the removal or relocation of trees
as per Section 13.20.020 of the Code.
6. Prior to issuance of a building permit, the applicant shall demonstrate to the
approval of the Fire Marshall the ability for a fire truck to turn around in the cul-
de -sac. The City Engineer has suggested designating part of the private
driveway as a hammer head. Any landscape feature in the center of the cut -de-
sac must be approved by the Fire Marshall.
7. Prior to issuance of a building permit, the applicant shall complete a tap permit
and shall pay all connection charmes due to the Aspen Consolidated Sanitation
District. v
8. If there is a ditch on the property, the applicant must gain approval from the City
Water Department to use any raw water or to alter the ditch.
9. All utility meters and any new utility pedestals or transformers must be installed
on the applicant's property and not in any public right -of -way. Easements must
be provided for pedestals. All utility locations and easements must be delineated
on the site improvement survey. Meter locations must be accessible for reading
and may not be obstructed.
10. Prior to issuance of a building permit, the applicant shall submit a drainage
report and a drainage plan, including a erosion control plan, prepared by a
Colorado licensed Civil Engineer which maintains sediment and debris on -site
during and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2 year storm
frequency should be used in designing any drainage improvements.
11. The applicant must receive approval for any work within public rights -of -way
from the appropriate City Department. This includes, but is not limited to,
approval for a mailbox and landscaping from the City Streets Department.
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12. Before issuance of a building permit, the applicant shall record this Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the resolution.
13. All material representations made by the applicant in the application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval. unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on June 2, 1998.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City ttomey Sara Garton, Chair
ATTEST:
6acldie Lothian, DreputY City Clerk
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Stan Clauson, Community Development Directof / J
Julie Ann Woods, Deputy Directory v
FROM: Christopher Bendon, Planner o w
RE: Harris Conditional Use for an Accessory Dwelling Unit (ADU)
Lot 3 Black Birch Subdivision, 75 Overlook Drive
-- Public Hearing
DATE: June 2, 1998
SUMMARY:
The applicants, Rebecca and John Harris, are requesting Conditional Use approval
for an Accessory Dwelling Unit on a vacant lot in the Black Birch Subdivision, 75
Overlook Drive. The applicant is not requesting an FAR bonus.
Staff recommends approval of the Conditional Use for an Accessory Dwelling
Unit, with conditions.
APPLICANT:
Rebecca and John Harris. Represented by David Finholm, Architect.
LOCATION:
Lot 3 Black Birch Subdivision. 75 Overlook Drive.
ZONING:
R -15. Moderate Density Residential.
LOT AREA (FOR PURPOSES OF FAR):
16,874 square feet.
FLOOR AREA:
4,608 square feet allowable.
4,000 square feet proposed. (includes 400 s.f. ADU)
CURRENT LAND USE:
Vacant
PROPOSED LAND USE:
Single - Family home with an attached ADU.
PREVIOUS ACTION:
The Commission has not previously considered this application.
REVIEW PROCEDURE:
Conditional Use. The Commission shall approve, approve with conditions, or
disapprove the application at a public hearing.
BACKGROUND:
The lot was created through a 1967 subdivision. The neighborhood was
subsequently annexed and rezoned to R -15. It is a legally created lot and an ADU
does allow for an exemption from GMQS.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit `B." The application has been
included as Exhibit "C."
Staff has reviewed and approved the Residential Design.
RECOMMENDATION:
Staff recommends approval of the Conditional Use for an accessory dwelling unit,
with the following conditions:
Prior to issuance of a building permit, the applicant shall submit appropriate
development plans in accordance with all dimensional requirements of the R -15
zone district and Residential Design Standards. The accessory dwelling unit shall
be labeled and the deed restriction noted on the building permit plans. Parking for
the ADU shall be delineated on the building permit plans.
2. Prior to the issuance of any building permits the owner shall:
a. Verify with the Housing Office that the Accessory Dwelling Unit
contains between 300 and 700 square feet and clearly meets the
definition of an Accessory Dwelling Unit;
b. Verify with the Housing Office that the ADU will contain a kitchen
having a minimum of a two- burner stove with oven, standard sink, and
a 6 -cubic foot refrigerator plus freezer;
C. Provide the Housing Office with a signed and recorded Deed
Restriction, a copy of which must be obtained from the Housing Office;
d. Clearly identify the Accessory Dwelling Unit (ADU) on building
permit plans with the minimum one (1) off - street parking space
provided. The ADU space cannot be stacked with a space for the
primary residence
2
C. Demonstrate the ADU meets all applicable UBC requirements for light
and air.
3. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the
Zoning Officer shall inspect the accessory dwelling unit for compliance with all
appropriate standards in Section 26.40.090 of the Code and any conditions of
approval.
4. Both the ADU and the principal residence shall be designed and constructed to
be able to function as separate living units. Each shall have an entrance and
access to individual mechanical equipment for the unit.
5. Before issuance of a building permit, the applicant shall document on the site
improvement survey the caliper of the trees on -site. A tree removal permit from
the City Parks Department shall be required for the removal or relocation of trees
as per Section 13.20.020 of the Code.
6. Prior to issuance of a building permit, the applicant shall demonstrate to the
approval of the Fire Marshall the ability for a fire truck to turn around in the cul-
de -sac. The City Engineer has suggested designating part of the private
driveway as a hammer head. Any landscape feature in the center of the cul -de-
sac must be approved by the Fire Marshall.
7. Prior to issuance of a building permit, the applicant shall complete a tap permit
and shall pay all connection charges due to the Aspen Consolidated Sanitation
District.
8. If there is a ditch on the property, the applicant must gain approval from the City
Water Department to use any raw water or to alter the ditch.
9. All utility meters and any new utility pedestals or transformers must be installed
on the applicant's property and not in any public right -of -way. Easements must
be provided for pedestals. All utility locations and easements must be delineated
on the site improvement survey. Meter locations must be accessible for reading
and may not be obstructed.
10. Prior to issuance of a building permit, the applicant shall submit a drainage
report and a drainage plan, including a erosion control plan, prepared by a
Colorado licensed Civil Engineer which maintains sediment and debris on -site
during and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2 year storm
frequency should be used in designing any drainage improvements.
11. The applicant must receive approval for any work within public rights -of -way
from the appropriate City Department. This includes, but is not limited to,
approval for a mailbox and landscaping from the City Streets Department.
12. Before issuance of a building permit, the applicant shall record this Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the resolution.
13. All material representations made by the applicant in the application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve the Conditional Use for an Accessory Dwelling Unit at the
Harris Residence, Lot 3 Black Birch Subdivision, 75 Overlook Drive, with the
S� ? conditions outlined in the Community Development memo dated June 2, 1998."
ATTACHMENTS:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Review Criteria and Staff Findings
Referral Agency Comments
Application
H
Exhibit A
STAFF COMMENTS: ADU
Section 26.60.040, Standards Applicable to all Conditional Uses
(A) The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Comprehensive Plan, and with the intent of the
zone district in which it is proposed to be located.
Staff Finding:
An Accessory Dwelling Unit with no mandatory occupancy deed restriction and an
interior entrance enables an exemption from the Growth Management Quota System and
is consistent with the purposes, goals, objectives, and standards of the Aspen Area
Community Plan.
Accessory Dwelling Units are a conditional use in the R -15 Zone District.
(B) The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding land
uses, or enhances the mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development.
Staff Finding
The surrounding land uses are exclusively residential with one church. The density on
Overlook Drive is consistent with the density along Black Birch Drive and Mountain
View Drive. The density along Red Butte Road is approximately half that of the area
immediately surrounding the subject site. There are existing ADUs in the immediate
area.
(C) The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
Staff Finding:
The location, size, and design of the proposed conditional use are consistent with the zone
district requirements. Operationally, the ADU will have little impact on the surrounding
properties. If the ADU is occupied, pedestrian and vehicular use will be slightly
increased over the single - family use. However, the ADU occupant could now or in the
future serve as a caretaker for the primary residence and reduce the number of service
trips necessary.
One parking space for the ADU and two spaces for each side of the duplex will be
provided on -site reducing the need for on- street parking. Noise, vibration, and odor
problems are not expected from this use.
Staff Comments page 1
(D) There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency medical services, hospital and medical
services, drainage systems, and schools.
Staff Finding:
Park fees are payable at building permit. Infrastructure capacity is sufficient for this
development and utilities are stubbed to the property.
(E) The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use.
Staff Finding:
The conditional use mitigates itself.
(F) The proposed conditional use complies with all additional standards imposed on it by the
Aspen Area Comprehensive Plan and by all other applicable requirements of this title.
Staff Finding:
A Growth Management exemption is available for single - family home with the
construction of an ADU. The proposed development is within dimensional requirements
of the zone district.
Section 26.40.090, Accessory Dwelling Units
A. General Provisions
1) Accessory Dwelling units shall contain not less than three - hundred (300) square feet and
no more than seven - hundred (700) square feet of net livable area. The unit shall be deed
restricted, meeting the Housing Authority's guidelines for resident occupied units and
shall be limited to rental periods of not less than six (6) months in duration. Owners of
the principle residence shall have the right to place a qualified employee or employees of
his or her choosing in the accessory dwelling unit. One (1) parking space shall be
provided on -site for each studio unit, and for each bedroom within a one or two- bedroom
accessory dwelling unit.
Staff Finding:
The ADU needs to be between 300 and 700 square feet for an exemption form the
Growth Management Quota System. Additional requirements concerning the kitchen,
bath, etc. have been included in the recommended set of conditions. The applicant will be
required to file a deed restriction on the unit prior to building permit.
2) An attached accessory dwelling unit shall be subject to all other dimensional
requirements of the underlying zone district.
Staff Finding:
The ADU meets these dimensional requirements.
3) A detached accessory dwelling unit shall only be permitted on parcels that have
secondary and/or alley access, exempting parcels with existing structures to be converted
to detached accessory dwelling units, detached garages or carports where an accessory
dwelling unit is proposed above, attached to, or contained within such detached garage or
carport. Detached accessory dwelling units are prohibited within the R -15B zone district.
Staff Comments page 2
Staff Finding:
The ADU is attached.
4) An attached accessory dwelling unit shall utilize alley access to the extent practical.
Staff Finding:
This property does not have an alley.
A. Development Review Standards.
1) The proposed development is compatible and subordinate in character with the primary
residence located on the property and with the development located within the
neighborhood, and assuming year- around occupancy, shall not create a density pattern
inconsistent with the established neighborhood.
Staff Finding:
The proposed ADU is subordinate to the main residences, the surrounding residential
uses, and will not create a density problem for the neighborhood. One neighbor did raise
a concerns about traffic generation with staff. This conditional use is not expected to
create abnormal traffic hazards or capacity problems in the area.
2) Where the proposed development varies from the dimensional requirements of the
underlying zone district, the Planning and Zoning Commission shall find that such
variation is more compatible in character with the primary residence than the
development in accord with dimensional requirements. The following dimensional
requirements may be varied:
a. Minimum front and rear yard setbacks
b. Minimum distance between buildings on the lot.
c. Maximum allowed floor area may be exceeded up to the bonus allowed for
accessory dwelling units.
d. The side yard setback shall be a minimum of three feet.
e. The maximum height limits for detached accessory dwelling units in the R -6 zone
district may be varied at the rear one -third (1/3) of the parcel, however, the
maximum height of the structure shall not exceed eighteen (18) feet. On
Landmarked Designated parcels and within the Historic Overlay District the HPC
shall have the ability to make height variations.
f. Maximum allowable site coverage may be varied up to a maximum of five (5)
percent, on Landmark Designated Parcels and within an Historic Overlay District the
HPC shall have the ability to make such site coverage variations.
g. In the case where the proposed detached accessory dwelling unit is located on a
Landmark Designated Parcel or within an Historic Overlay District only HPC may
make dimensional variations pursuant to the standards of Section 26.40.070(B)
Staff Finding:
The applicant is not requesting any variations to the dimensional requirements.
3) The Planning and Zoning Commission and the Historic Preservation Committee may
exempt existing nonconforming structures, being converted to a detached accessory
dwelling unit, from 26.40.070(B)(2)(a -g) provided that the nonconformity is not
increased.
Staff Finding:
Does not apply.
4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards
applicable to all conditional uses.
Staff Comments page 3
Staff Finding
Refer to Staff Comments for Conditional Use review.
C. Bandit Units.
Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to
November 1, 1988, and which complies with the requirements of this section may be legalized as
an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform
Building Code, as determined by the Chief Building Official.
Staff Finding:
Does not apply.
D. GMQS/ Replacement Housing Credits.
Accessory dwelling units shall not be used to obtain points in the affordable housing category of
the Growth Management Quota System (GMQS). Only those units meeting the housing size,
type, income and occupancy guidelines of approval of the housing designee and the standards of
Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory
dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of
the City of Aspen, Colorado, "Residential Multi - Family Housing Replacement Program."
Staff Finding:
Does not apply.
E. FAR for Accessory Dwelling Units.
For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle
use is residential, the following shall apply: the allowable floor area for an above -grade attached
accessory dwelling unit shall be excluded to a maximum of three - hundred -fifty (350) square feet
of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is
less. This floor area exclusion provision only applies to accessory dwelling units which are
subject to review and approval by the Planning and Zoning Commission pursuant to conditional
use review and approval, Section 26.60.030 of this code, and the units must be deed restricted,
registered with the housing office, and available for rental to an eligible working resident of Pitkin
County. The owner retains the right to select the renter for the unit.
Staff Finding:
The applicant is not requesting a Floor Area bonus. The proposed unit shall contribute
100% towards these calculations.
Staff Comments page 4
MEMORANDUM
To: Chris Bendon, Planner
Thru: Nick Adeh, City Engineer
From: Chuck Roth, Project Engineer 67?—
Date: May 15, 1998
Re: Harris Conditional Use for an Accessory Dwelling Unit
(Parcel ID No. 2735- 013 -07 -021; 75 Overlook Drive)
The Development Review Committee has reviewed the above referenced application at their May
6, 1998 meeting, and we have the following comments:
1. Improvement Survey - The improvement survey submitted with the application is unclear as to
the date of survey. The improvement survey submitted for the building permit must clearly state
the date on which the survey was performed,
the building permit application is submitted.
as indicated on title policy number
stamped and signed by the surveyor.
which must be within 12 months of the date on which
There must be a statement that all easements of record
, dated , are shown. The survey must be
/ 2. Access - Overlook Drive is a private road. The cul de sac diameter (60') is substantially less
than that required by City Code (100'). The site design must provide for a fire truck to turn around
either solely on the private property or on a combination of the private property and the private road
cul de sac.
3. Parking - The building permit drawings must indicate 8 1 /z'x 18' parking spaces in the garage
and one outside. One of the spaces must be designated for the accessory dwelling unit.
4. Drainage - Site drainage and surface runoff for both the primary residence and the ADU should
be detained on site in landscaped areas or routed through vegetated area on property. The site
should not be drained directly onto streets or rivers. If drywells are an acceptable solution for site
drainage, a soils report must be provided with percolation test to verify the feasibility of this type
system. Drywells should not be placed within utility easements. The foundation drainage system
should be separate from storm drainage and must be detained on site.
5. Trash & Utilities - All utility meters and any new or relocated utility pedestals or transformers
must be installed on the applicant's property and not in the public right -of -way. For pedestals,
easements need to be provided. The building permit drawings need to indicate all utility meter
locations. Meter locations have to be accessible for reading and may not be obstructed by trash
storage.
6. City Water Department - The Water Director reports that he believes there is an irrigation
ditch on the property. If there is a ditch, it must be shown on the improvement plan together with
easement information. If the property owner is interested in using ditch water to irrigate the
property, a raw water agreement with the City will be needed. If the ditch is proposed to be altered,
permission must be received from the City.
7. Work in the Public Right- of -wav - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920 -5080) for design of
improvements, including landscaping, within public rights -of -way, parks department (920 -5120)
for vegetation species and for public trail disturbance, and streets department (920 -5130) for
mailboxes, street and alley cuts, and shall obtain permits for any work or development, including
landscaping, within public rights -of -way from the city community development department.
DRC Attendees
Staff: Chris Bendon, Cindy Christensen, Chris Bendon
Applicant's representative
98M110
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MAY 07 199 11 :13AM ASPEN HOUSING OFC
MEMORANDUM
TO: Chris Bandon, Community Development Dept.
FROM: Cindy Christensen, Housing Office
DATE: May 7, 1998
RE: Harris ADU Conditional Use — Lot 3 Black Birch
Parcel ID No. 2735 -013 -07 -021
P.1
REQUES : The applicant is requesting approval for an accessory dwelling unit to be located
attached to the principal residence.
BEQtf[ 1391 : According to Section 28.40.090, Accessory Dwening Units, a unit shall
contain not less than 300 square feet of net livable area and not more than 700 square feet of net
livable area.
1t: When the Housing Office reviews plans for an accessory dwelling unit, there are
particular areas that are given special attention. They are as follows;
1. The unit must be a totsily private unit, which means the unit must have a private entrance
and there shall be no other rooms in this unit that need to be utilized by the individuals in
the principal residence; i.e., a mechanical room for the principal residence.
2. The kitchen includes a minimum of a two-bumer stove with oven, standard sink, and a a.
cubic foot refrigerator plus freezer.
3. The unit is required to have a certain percentage of natural light into the unit; i.e., windows,
sliding glass door, window wells, etc., especially if the unit is located below grade. The
Uniform Building Code requires that 10% of the floor area of a unit needs to have natural
light. Natural light is defined as light which is clear and open to the sky.
4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a qualified
employee,
5. A deed restriction MUST be recorded PRIOR to building permit approval. The deed
restriction shall be obtained from the Housing Office.
RlXJ1MMEN0ATIUN: Staff recommends approval of this unit as long as conditions 1 through 5,
stated above, are met.
Vekrmf%hwr.G8 adu
�spen�onsofd¢fedc�ar2ifafion ��icf
565 North Mill Street
Aspen, Colorado 81611
Tele. (970) 925 -3601 FAX #(970) 925 -2537
Sy Kelly • Chairman
Paul Smith Treas.
Louis Popish - Sccy.
April 30, 1998
Chris Bendon
Community Development
130 S. Galena
Aspen, CO 81611
Re: Harris residence and ADU
Dear Chris:
Michael Kelly
Frank Loushin
Bruce Matherly, Mgr.
The Aspen Consolidated Sanitation District currently has sufficient collection and treatment
capacity to serve this project. A district main is located in Overlook Drive. Service is contingent
upon compliance with the District's rules, regulations, and specifications which are on file at the
District office.
We will need to review a set of detailed plans in order to complete a tap permit and estimate the
fees for the project. A tap permit must be completed prior to the issuance of a building permit.
Please call if you have any questions.
Sincerely,
Bruce Matherly
District Manager
EPA Awards of Excellence
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Regional and National
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LAND USE APPLICATION
PROJECT:
APPLICANT:
Name: HARRIS CONDITIONAL USE for an ADU
Location: Lot 3 Black Birch Subdivision Aspen, Colorado 81611
(Indicate street address, lot & block number, legal description where appropriate)
Name: REBECCA and JOHN HARRIS
Address: 4225 Versailles Ave Dallas, TX 75205
Phone #: ( 2 1 4 ) 5 2 2 - 9 4 1 1
REPRESENTATIVE:
Name: DAVID FINHOLM of FINHOLM & FINHOLM ARCHITECTS, INC.
Address: 111 -L AABC Aspen, Colorado 81611
Phone #: (970) 925 -5713
I T rr Ur MrMit A I IUN: (please check all that apply)
tXISTING UONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
VACANT LOT
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
SINGLE FAMILY RESIDENCE WITH 400+ ADU ATTACHED.
Have you attached the following?
Q Pre - Application Conference Summary
7 Attachment #1, Signed Fee Agreement
F-] Response to Attachment #2, Dimensional Requirements Form
[:] Response to Attachment #3, Minimum Submission Contents
F-] Response to Attachment #4, Specific Submission Contents
F] Response to Attachment #5, Review Standards for Your Application
FEESDUE: $ 425.00 (included)
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
Special Review
E]
Final PUD (& PUD Amendment)
❑
Final Historic Development
Design Review Appeal
❑
Conceptual SPA
❑
Minor Historic Devt.
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS Exemption
❑
Subdivision
❑
Historic Designation
❑
ESA - 8040 Greenline, Stream
❑
Subdivision Exemption (includes
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
❑
Other:
❑
Lot Line Adjustment
❑
Text/Map Amendment
tXISTING UONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
VACANT LOT
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
SINGLE FAMILY RESIDENCE WITH 400+ ADU ATTACHED.
Have you attached the following?
Q Pre - Application Conference Summary
7 Attachment #1, Signed Fee Agreement
F-] Response to Attachment #2, Dimensional Requirements Form
[:] Response to Attachment #3, Minimum Submission Contents
F-] Response to Attachment #4, Specific Submission Contents
F] Response to Attachment #5, Review Standards for Your Application
FEESDUE: $ 425.00 (included)
N
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Chris Bendon, 920.5072 DATE: 4.8.98
PROJECT: Harris Conditional Use for an ADU. Lot 3 Black Birch
REPRESENTATIVE: Finholm Architects
OWNER: Rebecca and John Harris
TYPE OF APPLICATION: one step
DESCRIPTION: ADU. Residential Design has been approved. Non - conforming lot of record?
Land Use Code Section(s)
26.60 Conditional Use Criteria
26.40.090 Accessory Dwelling Units
26.28.080 R -30 Zone District
26.104.060 Non - Conforming Lots of Record
Review by: Staff for completeness; P &Z for ADU
Public Hearing: Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15
days prior to the public hearing if any federal agency, state, county, municipal government,
school, service district or other governmental or quasi - governmental agency owns property
within three hundred (300) feet of the property subject to the development application .
Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing.
Referral Agencies: Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Building
Planning Fees: Planning Flat Fee ($245)
Referral Agency Fees: Engineering, Minor ($110); Housing Minor ($70)
Total Deposit: $425
To apply, submit the following information:
1. Proof of ownership
2. Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of fhe application
6. 20_ Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 1
7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if
the project is determined not to warrant a survey document.)
9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
10. List of adjacent property owners within 300' for public hearing.
11. Copies of prior approvals. Proof of lot being created before 11.17.1977
Disclaimer: 4
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
ATrAC7iN1Mr t
City of Aspen Deveiopmenr Application Fee Policy
The City of Aspen, pursues*+* to Ordinance ri (Series of 1996), has established a fee structure for the
processing of land use applications. A fiatfee or deposit is collected for land use applications based
on the type of application submitted. Refeaai fees for other City departments reviewing the
application will also be collected when necessary. One check including The deposit for Planning
and referrai agency fees must be submitted with each land use application_ made payable to the
AspeniPitkin Community Deveiopment Department Applications will not be ac doted for
processing without :he required an
iication tee.
A flat fee is collected by Fanning for Staff A=rovais which normaily take a miniinai and
predictable amount of stall time zo process. The fee is not refundabie.
A deposit is colle -r ed by Plannias :vben more extensive stari re new is required as aours are iiiceiv
to var,, substantiallv tom one application :o anoThe =. A cn= staff=. e scent will be charged .
against :be deposit _ -`ter lie derosit has been espended.:he apniicatn will be billed nomhly based
on actt:al staff hours. Current billings must be paid within =0 days or processing of :be application
will be sumended. ff an a=ucaat ads =.Rouslyfaued to pay auciication fees as rmuired. --no new
or add tionai applications :viii be accepted for processing ,mrd the outstanding fees are paid In no
case will Building Permits be issued untii ail costs associated with case processing have been paid
After the final action on the project. any remaining 'balance from he deposit :trill be refunded zo the
appiicant
Applications which require a deposit must include an Agreement for Payment of eve opme^t
,�ppiication r ees. The Agreement establishes the appucauc as being responsible for payment of all
costs associated with processing the application The Agreement must be signed by the party
responsible for payment and submitted with the application in order for it to be accepted
The complete fee schedule for land use applications is available at the Community Development
Department
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: HARRIS CONDITIONAL USE for an ADU
Applicant: FINHOLM & FINHOLM ARCHITECTS, INC.
Location: Lot 3 Black Birch, Aspen, Pitkin County, Colorado
Zone District: R -30
Lot Size: Approximately 152x120
Lot Area: 16,874+/- s g.- ft.
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing: _A / A Proposed:
Existing: 0 Proposed: 1
Existing: 0 Proposed:4
Proposed % of demolition (Historic properties only):
DIMENSIONS:
incl. ADU
Floor Area:
Existing:
0
Allowable:4612 sg.
ft Proposed: a Rr. 4000 sq. ft.
Principal bldg. height:
Existing:
0
Allowable:
15'
Proposed: 15'
Access. bldg. height:
Existing:
0
Allowable:
N/A
Proposed: N/A
On -Site parking:
Existing:
0
Required.-
4
Proposed.- 4
% Site coverage:
Existing:
0
Required:
N/A
Proposed: apps. 25%
%Open Space:
Existing:
100
Required:
N/A
Proposed. appr. 75%
Front Setback:
Existing.
Required:
25'
Proposed: 25'
Rear Setback:
Existing:
Required:
10'
Proposed: 10'
Combined F/R:
Existing:
Required:
35'
Proposed: 35'
Side Setback:
Existing: Required:
15' Proposed: 15'
Side Setback:
Existing: Required:
15' Proposed: 15'
Combined Sides:
Existing: Required:
30' Proposed: 30'
Existing non - conformities or encroachments:
NONE KNOWN
Variations requested:
ADU unit
APR -15 -98 WED
Of
1 :31 PM EDS
f^ FAX N0, 972,E
JoHN R. HARRIS III
April 13, 1998
To whom it may concern:
P, 2
This letter will serve as authorization for David
and /or Nicki Fenholme to represent John and
Rebecca Harris in all matters relating to the
construction of the ADU in conjunction with their
building project at 75 Overlook.
Thank you,
�W�
5225 N owner Name
HARRIS JOHN R III 6 F
r District 4225 VERSAILLES AVE
1998 001 DALLAS TX 75205
Dist St
A
:el Number MH Space
Dn Clty ? Location Zip Acct Typo
81611 0000
77 usiness Name N
Administration Appraisal
1
Names
2
Situs Address
3
Mobile Home
4
Tract /Section
5
Condominiums
6
Block & Lot
7
Book & Page /Sales
8
Miscellaneous
9
Tax Items
10
Pre /Succeed
I MASTER I
1
2
3
4
5
6
No
Mine? I Twn? I Blk/Lot I Condo? Mobile? I Sales? I❑
ILACK BIRCHES ESTATES LOT:3 BK:0585
148 BK:0585 PG:0150 BK:0653 PG:0505
Current Year
Prior Version
Go To Imagin
Prior Year
Next Version
Abatement
Next Year
Clerk's Doc's
Update
Clear
Exit
LEGALDATA
SEQUENCEVERSTART VEREND''
1 1 10'' 19970929000 99999999999'.
L,,Y
ASPEN/PTTIMY CONDIUN1TY DEVELOPNRNT DEPARTYIE V'T
Agreemenrfor Paymentof CRY of Aspen DevelopmentApplication Fees
(Please Print Cieariy)
CITY OF ASPEN (heremaiier =f) and
(hermnaf wAPPLICA� AGREE AS FOLLOWS:
.. . ,., ... . .�. . ' ' '
Py-Ar .r� '`� .. Re s
Z APPLIC .NT tmdmmrands and agrees that City of Asnen.Ordinance Ito. 43 f Series of 1996)
establishes afee structure for land use w0iications and the pavment of all processing fees is a
condition precedent to a de- e^ramarion of application compieteness.
3. APPLIC-xNT and CITr: agree that because of the size. nature or scope of tae proposed
project, it is not possible at this time to ascertain the full exaear of the costs involved in processing
the application. APPLICANT and CITY further u n:e that it is in the interest of -he ^arties to allow
API LICAVT to mane pavm=i of an untiai deposit and to here..tter permit arditionzi costs to be
billed to APDLIC > V on a monthly basis. APPLIC a T agrees he will be benented by t�,ainiry
gre^,.rer cash liquidity and ;vul make additional payments 1mon norncation by he CI"f when hey
are necessary as cows are neared CM -7 _' )-gees it will be oe^eated hrotLa the :*eater ce^ainty of
recovering its riffl costs to process A2?LIC.�vTS application.
4. CITY and APPLIC,� -N T utiier agree that it is impracticabie for CITY staff to compiete
processing or present sufficient miormanon to the ?'.arming Commission and/or City Council to
enable the Mann;nQ Commission and/or City Council to make ie2allv required fimdinac for proie-
approval, unless current billings are --aid in rail prior to decision.
here.ore. APPLIC �v T aze`s '.a' at in consideration of :he Cifs waiver of its right to
collect full fees prior to a deter'*a lication completeness. APPLICANT shall pay an
initial deposit in the amount of S nari which is AN --w of Planning staff time, and if
actual recorded costs exceed the initial deposit APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of he application mentioned above. including .
post approvai review. Such pe pale payments shall be made witi in 3-0 days of the billing date.
APPLICANT further agrees that failure to pay such ac,^ued costs shall be mounds for suspension
of processing.
CITY OF ASPEN APPLICANT
WO rim
Community Development Director
City of Aspen
Signature:
Date:
Printed Name: VID INNOW6%
Mailing Address: I I L &ArRG
ASMA Go 01(all
ATTACHMENT
1. In reviewing the floor plan, one can see that the ADU is compatible with the
architecture. It is designed as a studio apartment with an exterior entry. It
appears to not create any inconsistent density pattern. The size is
approximately 400 sq. ft.
2. The setbacks and height limit for this site is more restrictive in the Black Birch
CC &R's than the city's requirements. The applicant is not requesting any
variations defined by Attachment 5, Number 2.
3. The applicant is not requesting any exemption to this item.
4. The applicant would expect that the review be granted pursuant to Section
26.60.040 and items A, B, C, D, E, and F on Attachment 5.
P I N H O L M
a
P I N
H O L M
ARCHITECTS, INCORPORATED
AIA
111 -L ASPEN AIRPORT BUSINESS
CENTER
ASPEN,
COLORA00 81611
TELEPHONE 970 -92S -5713
FACSIMILE
970 -920 -4471
05/07/98
11.:06 $'970 920 4471
PTN'TTO`Y ARMS.
FAX COVER SHEET
DATE:
TO: CHKi5 t5p-hI?0
�LAh {hl�r, A5rf -J-1 COlIY DF_\/�,L0PMri'tf DG-,"t.
TELEPHONE:( )
FAX: ( )
PAGES INCLUDING COVER SHEET: 67
REMARKS: (7N�Rr�4 #i° E'.rll7NG�Mt�t2PtiG)l fZEi�
v/ OI�T
GWfl215,
I. TH6 mit mo IS A -sljm m; KY Or ouR 5-6 `: fs rl 111 Imo.
2. THE 4 DoGtiM NT Izai r sT�W l i T ffL� Is -T-HP
No q cl Her oWN H F ANr��u-iGVVH15WAflGk - RIrF�FT
(Za :31"FV /AI'eT TII THACT YOU OFI 4'G ")3
HAS gis; N E.t.lMIi -PA B-0.
3. 'Llt-It-�s IN spbAG -' WILL "1'H% IMF'IQ�WlEoN -T
6PKV;Y MR THI; 4 2c)-5)e S-TSWA12T -f l'rL6 OF ASPEN
Il C. PoGl)Mr,hl"f . \/JF, \.AALL SVE3MIT 51rallt -: 7 F' 5-rWl
Coplf -5 1r4 YOUR OFFICf. THP. WVfK OF $'IA,Y 16, 1
`t• `iH♦✓ APPLIr4i{GE-S f4 PU NF NNGG FlY RV-S FOP- THE
, ,PV 'Y,/ILL HMT crry S-r;kNVa L /5.
TNANk Yov FaN2 Yvvp, HeuL
Copy -ra: A.Np JoHH HAIKIS
1LIhlE�5 IN 5rAGl:'
F 1 N I—I O II_ M 6c F I N H O L M
ARCH ITEC'f' S , IN CC)IZROR/ -\TEC) A!A
111 -1. A_RaN AIRPORF LIIJSINFSS ASPEN. C01.C]F 0 81611
TELFPHONF 970 3 - FACSIMILE 970 - 020 -4A/I
05/07/98 11:07 $970 920 4471 FTNTTOTM ARCITS,
MEMORANDUM
TO: Rebecca and John Harris
FROM: Skip Doty - Finholm & Finholm Architects, Inc.
DATE: May 7, 19973
RE: Meeting with Chris Bandon, Planner, Aspen Community Development
Skip Doty met with Chris Bendon, a planner with the Aspen Community
Development Department and Chuck Roth of the city on May 6, 1998 to discuss
the site and utilities for the Harris Residence. The following is a summary of that
meeting:
1. Chris provided Skip with a sign to be posted on the site announcing the June
2, 1998 hearing for the ADU. He also provided a letter to be mailed to the
adjacent land owners. He will send the local newspapers the required legal
notice to be published. F &F will do this work early next week,
2. The May 5, 1998 Site Plan was examined and a copy was given to Chuck Roth.
He raised the questions of who plowed the road in the winter, and would the
proposed island in the cui de sac hinder access by the Fire Department" He
will research further.
3. There are no storm sewers near the property. The dry well shown on the Site
Plan can not be within an utility easement. The dry well needs to be designed
by an engineer. The city wants to see on the Construction Documents where
the foundation drain will drain to daylight.
4. If a soil test is done on the property it should label the seasonal ground water
level.
5. The Improvement Survey should have a current date. It needs to show all the
monuments on the: site, and it needs to show all the easements per the Title Co.
documents.
F I N F1 O
L N1
6C F I N
t-1 O L M
A R C H I-F E C
'T S I N
C O R P O R A T' T= 0 A I A
1 11 -L ASPEN
BUST NF9S
C01012 81611
TELEPHONE
ILE
970 -9 ?_0 -4471
Q1002
05/07/98 11:O8 *2970 920 4471 PTWO ?.x ARCrrS.
ra
Meeting With Chris Bandon, Aspen Community Development Department
May 6, 1998
Page 2 .
6. More information about the concrete slab over an electrical manhole can be
obtained by calling Jeff Franke at Holy Cross Electric at 945 5491. F & F will
follow up on this.
7. More information about the sewer can be obtained by calling Tom Bracewell
of the Aspen Consolidated Sanitation District at 925 3661. F & F will follow
Lip on this.
B. A dedicated parkinll space for the ADU needs to be shown on the Site Plan. It
can not block a space within the garage for the owners of the house. Soft
landscaping ideas such as "grass- crete" were discussed. The required min. size
is 8' -6" x 18'.
9. Any amendments to the documents Chris has already received need to be
delivered to his office at least a week before the June 2, 1998 hearing.
fi3jooa
05/07/98 11.:08 $970 920 4471. Fi NTft3T.4 ARMS.
RPR.29.1998 9:05RM Sr -'DART TITLE RTF-H ,
r
STEWART TITLE OF ASPEN INC,
OWNERSHIP AND ENCrJMBRANCRE REPORT
Order No.: 000747,96
PREPARED FOR:
ST,EWART TITLE OF ASPEN, 1 NC.
HMRY CFRTIPIESfrom a search of the books in this office that title to.
I�lnoa
N0.309 P.2
Lot 3,
BIACS BIRCH k57A.TXS S011aIV18i0m, according to the Plat thereof recorded may 1,
2967 in plat Book 3 at Page 244 as Reoeption mo, 127234.
COMMY OP PITEM S::ATx OF COLORADO,
situated in the County of ftbn, State of Colorado, appears to be vested m the name of:
JOW R. XURIB; ,III and kZBxCCA X. BARttrs
dud that the above described pre perly appears to be subject to the following liens:
1- A peed of Trost dated September 9, 1997, executed by Tahn R. Harris, II= and
Rebecca Jr. Burria, to the Public Trustee of pi.tkin County, to secure on
Indebtedness of $330,000,00, in favor of 8a8 Atgpioyees Federal Credit Onion,
.recorded September 9, 1997 as Reception me. 408251.
1. Right of the proprietor of a tress or lade to extract and remove his ore
therefrom, should the same he found co penetrate or intersect the
premises, as reserve3 in United states Patent recorded August 17, 1889 i.A
Book 55 at Page S.
3. Basement for utilities along the southeasterly and southwesterly 10 feet
Of the subject property as shown on the recorded plat of said subdivision.
4. Restrictions, which do not contain a forfeiture or reverter clause, but
oni.ttlay reatrIctIm%a' if any, based on race, color, religion or national
origin, as set forth in instrument recorded June 22, 1967 in Book 227 at
Page 452; and 7irat Amendment to Protective Covenants for Black Birch
xatateg recorded Tanuary 30, 1992 in Hook 668 at Page 215 as Reception mo.
341135.
5. Terma, conditions, obligations and restrictions as not forth in the
Articles of Sneorp4mration for the Black Birch 2states Homeowners,
Continued on neat page
AXCEPT any and alt taxes and amesmew.
EXC MT all easements, rights of way, restnchom and reservations of record.
.T1tfs report does not reflect any of the following makers:
(1) B441rr tcies which, from dote of at(ju&cotion of the nwsi recent banknrptcies, antedate the report by more than
fourteen (14) years.
(2) Suits mid judgments which, from dine of erury, antedate the report by more Amt seven (7) years or until the
05/07/08 IL•09 V970 920 4471 FTWOT.M ARMS. [[�!0 n5 ~
WR.29.199B 9'OGnM Srl-*RT TITLE F6PEN A NO.389 P.3 ^
Continuation of ownership and Encumbrance Report
Order MUmber: 00024796
Association recorded February 24, 1987 in Book 530 at page 105 as
Reception ire. 286353.
S. Terms and oonditi4ms regarding Road maintenance as sat forth in letter by
the Black Si=b EUSt.ttes Homeowners Association recorded November 22, 1996
as Heception Ho. 39!1318.
7. Underground Right oe way Easement granted unto Holy Cross Electric
AssoCiation, 24tc. as set forth in inotrament recorded May 9, 1996 a8
Receptionu Mo. 39246G.
05/07/98 11:10 %7970 920 4471 FINFO1.x nrzcss. j00c
..-...a _....... , ..,.r.,..,.,.e, .w, "perea, wnacnever is rrw longer period.
(3) Unpaid tax liens whieh, from _ ae of payment, antcdoe the rrporr by more t n seven years.
Although we believe the facts stated are nue, this ieuer is not to he construed as an abstract of title, nor an opinion
of fide, nor a guaranty of title, and it is understood and agreed that Stewart Me of Aspen, Inc., nelther asswaes,
nor will be charged with arry,fanardal obligation or liability whatever on any stdtepknt contained herein,
DatBdr iI 06, 3999 al. 7:30 A.B. at Aspen, Colorado
Si-MART TrHz of Asm, iuc
04/29/98 10:23 TWO 92D 447L FINIIOI.M ARCIIS.
ATTACHMENT 5
A002
A. This conditione l use of the addition of an ADU unit is consistent with the
purposes, goals, objectives and standards of the Aspen Area Comprehensive
Plan, and with the intent of the Zone District in which it is proposed to be located
by supplying affordable housing.
B. The addition of this ADU unit is architecturally consistent with the proposed
building. It is to be built and finished with the same materials. The proposed
development is consistent and compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or
enhances the inixture of complimentary uses and activities in the immediate
vicinity of the parcel proposed for development.
C. This residential project, being lower in height and smaller in F.A.R. than city
standards, will minimize adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
D. The location o' this project, along with homeowner requirements and existing
services, support that there are adequate public facilities and services to serve
the conditional use including but not limited to roads, potable water, sewer,
solid waste, perks, police, fire protection, emergency medical services, hospital
and medical services, drainage systems, and schools.
E. By providing the ADU, the applicant commits to supply affordable housing to
meet the incremental need for increased employees generated by the
conditional usi.).
F. The addition oil this ADU does not conflict with all additional standards imposed
on it by the Aspen Area Comprehensive Plan and by all other applicable
requirements of this chapter.
F i N H O 'L M 6c F I N H O L. M
ARCH iTECT5 1 N C OR PORA'TEE-) ^IA
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T F'L_EPHONE 9Pf- 925 -5"]l3 - FACSIMILF- 970 - 920 -4471
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............................P-4
Sabin Dr.... ........i................_..._D
-136
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.............
&3
Saag{ee CL ............. r................
...... . &2
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..
..... &F-4
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Piddn Mem Or .. ............................6
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_....T............__._..._
Saw Mill CL.. .... .........._...��-
-&2
.__.0-3
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............................P.3
Sesatm SL ................................
G -H.7
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1 -J -7-g
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_ ........ -O.3
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_....... 0 -5
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_.._.06
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-I
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&2
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Stmsskr SL. ......;..................P-0
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Smuggler Oiwe'ld...................H6.7
Red Mountain Rd ................
....
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Red's Rd ......... ...........................D-B46
Sn St..............:.
.................H -3
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.......................
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WaeoAv ........... .............................16
Wes Rod St ...... ...........................H
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or under tnmrrurn
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{
A/K 1991 TRUST
5219 SECOND AVE
DALLAS TX 75210
BEALS DR ROBERT
606 SPRING ST
MACAN GA 31201
CHRISTENSEN ROBERT & CANDICE
1240 MTN VIEW DR
ASPEN CO 81611
DRAZIN ANDREW K & SUSAN
PO BOX 12263
ASPEN CO 81612 -9299
GUBSER MARGARET B
P O BOX 1224
ASPEN CO 81612 -1224
JOHNSON PETER C & SANDRA K
215 S MONARCH ST STE G103
ASPEN 00 81611
MESSIAH EVANGELICAL LUTHERAN CH
1235 MTN VIEW DR
ASPEN 00 81611
RED BUTTE CEMETERY
STAPLETON JANE - C /O
67 LEMOND PL
SNOWMASS VILLAGE CO 81615
SHAW RICHARD W
1220 MOUNTAIN VIEW DR
ASPEN CO 81611
ADJ TO BLACK BIRCH ESTATES
CITY OF ASPEN
130 S GALENA
ASPEN CO 81611
BEKKEDAHL KENNETH A
33980 BUFFALO PARK RD
EVERGREEN CO 80439
CULPEPPER REAL ESTATE INVESTMEN
300 PUPPY SMITH RD #205 -302
ASPEN CO 81611
FYRWALD ERNST R & LACY BARNETT
1265 MTN VIEW DR
ASPEN CO 81611
HARRIS JOHN R III & REBECCA H
4225 VERSAILLES AVE
DALLAS TX 75205
LATTA HELEN S CONDUIT TRUST
1321 B DANIELSON RD
SANTA BARBARA CA 93108
OAKES JOHN M & BETTY O
1245 MTN VIEW OR
ASPEN CO 81611
SAUSSUS GUY
SAUSSUS MARTINE
2410 FAIRWAY DR
RICHARDSON TX 75080
UKRAINE JOHN M & LINDA W
PO BOX 10844
ASPEN CO 81612
ASPEN MEADOWS LOT 4
CITY OF ASPEN
130 S GALENA ST
ASPEN CO 81611
CHARLES TIMOTHY JOHN
CHARLES CAROLANNE CROTHERS
PO BOX 1061
ASPEN CO 81612
DAVIDOFF MICHAEL E & SUSAN
5219 SECOND AVE
DALLAS TX 75210
GOLDSTEIN THE RICHARD CHARLES
RESIDENCE TRUST
1718 GAYLORD ST
DENVER CO 80206
HINES THOMAS D
1280 SNOWBUNNY LN #1
ASPEN CO 81611
MAPLE MICHAEL C & JULIE
1250 MTN VIEW DR
ASPEN CO 81611
PORTER JOE ALLEN
PORTER MARGARET A
410 WILLIAMS ST
DENVER CO 80218
SHAW GEORGE E
SHAW TENNA F
1210 MTN VIEW DR
ASPEN CO 81611
w iod for Record at 2:30 O'Clock P,H. june 22 967 / tt��)
Reception No. 12773: Pe as E. Coble Recor a �QQF, (..� I PA'.E452
Protective Covenants for Black Birch Estates
Whereas, Charles E. Worth and Ann G. (forth (CEW and AGw) are the
owners of Black Birch Estates, situate in the d /4, SeetiOl, i, Town-
ship 10 South, Range 85 (lest, 6th P.M., Pitkin County, Colorado,
according to the Plat thereof, recorded as Document #127234, Plat
Book 3 at Page 244, of the Records of Pitkin County, Colorado, and
the owners now desire to place certain protective covenants on said
Subdivision for he use and benefit of the persons who from time
to time shall hold title to or otherwise have an interest In the
lots cocprising said Subdivision for the purpose of establishing
Black Birch Estates as a desirable residential area of permanent
nature and the highest quality. Now, therefore, CEF and AGM hereby
declare to and for the benefit of all persons who may hereafter
purchase and from time to time hold and own any of said property,
that said property is subject to the following protective covenants
and conditions, all of which shall be deemed to run with the land
and inure to the benefit of and be binding upon the owners at any
time of said lots, their heirs, successors and assigns, to wit:
All building lots in Black Birch Estates shall be used for residen-
tial purposes only, which limitation shall exclude commercial and
business uses, multi - family dwellings. No structure,- or buildings
shall beerected, placed, altered, or permitted to remain on any
lot other than one single family dwelling which may include porches,
garages and other permanent improvements, but not a guest house,
nor shall any lot be occupied at any time by more than a single
family and its guests. No basement, garage, tent, temporary struc-
ture or other building erected on any lot shall at any time be used
as a residence temporarily or permanently, nor shall any temporary
structure be used as a residence or permitted on any lot. No lot
or tract may be used as a road access to any property situate beyond
the boundaries of the subdivision as platted.
II
No lot may be subdivided or in any manner made into a lot with
boundaries other than as shown on said plat of Blank Birch Estates,
providing, however, that adjoining property owners may relocate
common lot lines by buying or selling property f.om each other,
providing that such sales will not violate air -restrirtinns con-
tained herein, any zoning regulations of Pitkin County, and the
relocated lot line shall be the line used for set- backs, and the
resultant lot shall thereafter be treated for all purposes as a
single lot. Contiguous lots under single ownership may be treated
as a single lot regarding set -backs and said owner may build across
interior platted lot lines.
III
Any and all buildings including porches, decks, garages and other
structures shall be set back at least 25 ft. from front lot lines,
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X10
PUBLIC NOTICE
RE: HARRIS CONDITIONAL USE REVIEW FOR AN ACCESSORY
DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 2,
1998, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning
Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to
consider an application submitted by Rebecca and John Harris requesting Conditional
Use Review to construct a 400 square foot Accessory Dwelling Unit in a proposed
residence. The property is a vacant lot at the end of Overlook Drive and is legally
described as Lot 3, Black Birch Subdivision. For further information, contact Chris
Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St.,
Aspen, CO (970) 920 -5072.
s /Sara Garton, Chair
Aspen Planning and Zoning Commission
City of Aspen Account
A/K 1991 TRUST
5219 SECOND AVE
DALLAS TX 75210
BEALS DR ROBERT
606 SPRING ST
MACAN GA 31201
CHRISTENSEN ROBERT & CANDICE
1240 MTN VIEW DR
ASPEN CO 81611
DRAZIN ANDREW K & SUSAN
PO BOX 12263
ASPEN CO 81612 -9299
GUBSER MARGARET B
P O BOX 1224
ASPEN CO 81612 -1224
JOHNSON PETER C & SANDRA K
215 S MONARCH ST STE G103
ASPEN CO 81611
MESSIAH EVANGELICAL LUTHERAN CH
1235 MTN VIEW DR
ASPEN CO 81611
RED BUTTE CEMETERY
STAPLETON JANE - C/O
67 LEMOND PL
SNOWMASS VILLAGE CO 81615
SHAW RICHARD W
1220 MOUNTAIN VIEW DR
ASPEN CO 81611
ADJ TO BLACK BIRCH ESTATES
CITY OF ASPEN
130 S GALENA
ASPEN CO 81611
BEKKEDAHL KENNETH A
33980 BUFFALO PARK RD
EVERGREEN CO 80439
CULPEPPER REAL ESTATE INVESTMEN
300 PUPPY SMITH RD #205 -302
ASPEN CO 81611
FYRWALD ERNST R & LACY BARNETT
1265 MTN VIEW DR
ASPEN CO 81611
HARRIS JOHN R III & REBECCA H
4225 VERSAILLES AVE
DALLAS TX 75205
LATTA HELEN S CONDUIT TRUST
1321 B DANIELSON RD
SANTA BARBARA CA 93108
OAKES JOHN M & BETTY O
1245 MTN VIEW DR
ASPEN CO 81611
SAUSSUS GUY
SAUSSUS MARTINE
2410 FAIRWAY DR
RICHARDSON TX 75080
UKRAINE JOHN M & LINDA W
PO BOX 10844
ASPEN CO 81612
.✓
ASPEN MEADOWS LOT 4
CITY OF ASPEN
130 S GALENA ST
ASPEN CO 81611
CHARLES TIMOTHY JOHN
CHARLES CAROLANNE CROTHERS
PO BOX 1061
ASPEN CO 81612
DAVIDOFF MICHAEL E & SUSAN
5219 SECOND AVE
DALLAS TX 75210
GOLDSTEIN THE RICHARD CHARLES
RESIDENCE TRUST
1718 GAYLORD ST
DENVER CO 80206
HINES THOMAS D
1280 SNOWBUNNY LN #1
ASPEN CO 81611
MAPLE MICHAEL C & JULIE
1250 MTN VIEW DR
ASPEN CO 81611
PORTER JOE ALLEN
PORTER MARGARET
410 WILLIAMS ST
DENVER CO 80218
SHAW GEORGE E
SHAW TENNA F
1210 MTN VIEW DR
ASPEN CO 81611
to
J
lftsfOv
1 Reception r
Recorded at 11111IIIIIII1111111111111111111111111111III111111111 Jill
_
408290 06/01/1907 04.27P ND DAVIS SILVI
1 of 2 R 11.00 D 61.90 N 0.00 PITKINCO COLORADO
WARRANTY DEED
THIS DEED, Made this 5th day of September , J"9? ,between
THE ROTHMAN FAMILY LIMITED PARTNERSHIP, A MARYI.ANU
LIMITED PARTNERSHIP
of the said County of and State of , gr.uuor, and
JOHN R. HARRIS, III & REBECCA H. HARRIS
whose legal address is 4225 VERSAILLES AVENUE
DALLAS, TX 75205
of the said County of and State of TEXAS . grantee:
r -a
Recorder.
'--1 WITNESS, that the grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND
0 VALUABLE CONSIDERATION DOLLARS, the receipt and sufficiency of which is hereby
J acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the
grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements,
if any, situate, lying and being in the said County of PITKIN and State of Colorado described as follows:
LOT 3,
BLACK BIRCH ESTATES SUBDIVISION
County of Pitkin
State of Colorado
408250
TRfiRSFER DEufflIm RECEIVED 9910911997
r , as known by street and number as: OVERLOOK DRIVE ASPEN CO 81611
19 O v TOGETHER with all and singular the heredimmems and appurtenances therms belonging, or in anywise appertaining, and the reversion
Z and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what-
soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
fy a TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and
assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with
the grantees, their heirs and assigns, that at the time of the ensraling and delivery of these presents, he is well seized of the premises above
CC conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and
lawful authority to grant, bargain, sell and convey the same in manner and fume as atbresaid, and that the same are free and clear from all
TF former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature mover, except
o, TAXES FOR THE YEAR 1997 NOT YET DUE AND PAYABLE AND THOSE SHOWN ON ATTACHED
EXHIBIT "A"
The grantor shall and will WARRANTY AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession
of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular
number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date out fo • ove.
kaA S. Rothman, Managing General
Partner.
stateof Maryland
�
_ SMlART TITLE OF ASPEN, INC.
OWNERSHIP AND ENCUMBRANCE REPORT
Order No.: 00024796
PREPARED FOR: 99999oo
STEWART TITLE OF ASPEN, INC.
HEREBY CERTIFIES from a search of the books in this ofice that title to:
Lot 3,
BLACK BIRCH ESTATES SUBDIVISION, according to the Plat thereof recorded May 1,
1967 in Plat Book 3 at Page 244 as Reception No. 127234.
COUNTY OF PITKIN, STATE OF COLORADO.
situated in the County of Pitkin, State of Colorado, appears to be vested in the name of.
JOHN R. HARRIS, III and REBECCA H. HARRIS
and that the above described property appears to be subject to the following liens:
1. A Deed of Trust dated September 9, 1997, executed by John R. Harris, III and
Rebecca H. Harris, to the Public Trustee of Pitkin County, to secure an
indebtedness of $330,000.00, in favor of EDS Employees Federal Credit Union,
recorded September 9, 1997 as Reception No. 408251.
2. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the
premises, as reserved in United States Patent recorded August 17, 1889 in
Book 55 at Page 5.
3. Easement for utilities along the Southeasterly and Southwesterly 10 feet
of the subject property as shown on the recorded plat of said subdivision.
4. Easement for ditch 20 feet in width as shown on and set forth in the
recorded plat of said subdivision.
5. Restrictions, which do not contain a forfeiture or reverter clause, but
omitting restrictions, if any, based on race, color, religion or national
origin, as set forth in instrument recorded June 22, 1967 in Book 227 at
Page 452; and First Amendment to Protective Covenants for Black Birch
Estates recorded January 30, 1992 in Book 668 at Page 215 as Reception No.
341135.
Continued on next page
EXCEPT any and all taxes and assessments.
This report does not reflect any of the following matters:
(1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than
fourteen (14) years.
(2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the
governing statue of limitations has expired, whichever is the longer period.
(3) Unpaid tax liens which, from date of payment, antedate the report by more than seven years.
Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion
of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes,
nor will be charged with any financial obligation or liability whatever on any statement contained herein.
Dated: April 06, 1998 at 7:30 A.M. , at Aspen, Colorado
STEWART TITLE OF ASPEN, INC.
By: Av
Aut rued Signature
• Continuation of Ownership and Encumbrance Report
order Number: 00024796
6. Terms, conditions, obligations and restrictions as set forth in the
Articles of Incorporation for the Black Birch Estates Homeowners
Association recorded February 24, 1987 in Book 530 at Page 105 as
Reception No. 286358.
7. Terms and conditions regarding Road maintenance as set forth in letter by
the Black Birch Estates Homeowners Association recorded November 22, 1996
as Reception No. 399318.
8. Underground Right of way Easement granted unto Holy Cross Electric
Association, Inc. as set forth in instrument recorded May 8, 1996 as
Reception No. 392466.
Reeordeda RecepliNo. 111111111111111111111111111111111111111111111111111 Jill _74 Recorder.
4062W 09/06/1967 04 :271s ND DAVIS SILVI
1 of 2 R 11,66 D 61,90 N 6.00 PITKINCO COLORADO
WARRANTY DEED
THIS DEED, Made this 5th day of September 6"9'1 .between
THE ROTHMAN FAMILY LIMITED PARTNERSHIP, A MARYLAND
LIMITED PARTNERSHIP
of the said County of and State of , grantor, and
JOHN R. HARRIS, III & REBECCA H. HARRIS
whose legal address is 4225 VERSAILLES AVENUE
DALLAS, TX 75205
C) of the said County of and Suite of TEXAS , grantee:
WITNESS, that the grantor, for and in consideration of the sun, of TEN DOLLARS AND OTHER GOOD AND
O
d VALUABLE CONSIDERATION DOLLARS, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the
L grantees, their heirs and assigns forever, not in tenancy in common but in join tenancy. all the real property, together with improvements,
if any, situate, lying and being in the said County of PITKIN and State of Colorado described as follows:
LOT 3,
BLACK BIRCH ESTATES SUBDIVISION
Y
County of Pitkin, State of Colorado
408250
TRANSFER DECLARATION RECEIVED 6916911997
as known by street and number as: OVERLOOK DRIVE ASPEN CO BIG11
0 TOGETHER with all and singular the heredimments and appurtenances thereto belonging, or in anywise appertaining, and the reversion
and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what -
asoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
d TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the grantees, their heirs and
assigns fore an
ver. And the grantor, for himself, his heirs, d personal representatives, dues covenant, grant, bargain, and agree to and with
the grantees, their heirs and assigns, that at the time of the ensraling and delivery of these presents, he is well seized of the premises above
�. conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and
i �
lawful authority to grant, bargain, sell and convey the same in manner and font as aforesaid, and that the same are free and clear from all
10— former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature mover, except
0' TAXES FOR THE YEAR 1997 NOT YET DUE AND PAYABLE AND THOSE SHOWN ON ATTACHED
EXHIBIT "A"
The grantor shall and will WARRANTY AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession
of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular
number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the dale set %hove. I ,
Ma S. Rothman, Managing General
stateof Maryland )
) ss.
�'Cohinyof Montgomery )
.'The foeegbing`insuument was acknowledged before me this 5th day of September .19 97 ,
lbt? T4W S,`— ROTHMAN, AS MANAGING GENERAL PARTNER OF THE ROTHMAN FAMILY
t LIMLTgD ISARtiERSHIP, A MARYLAND LIMITED PARTNERSHIP
tiarith� sir, C%pires Witness my hand and official seal.
' NOVAY KMUC SM OF MW&qV Notary Public
k* Cont661oa 6pGr tar I, 2000
Stewnn Tide of Arpm, Inc. - File No.00003666
No. 92IA WARRANIT DRED (To Joint Ttnaatt)
EXHIBIT A
EXCEPTIONS
ORDER NUMBER: 00023886
Right of the proprietor of a vein or lode to extract and remove his
ore therefrom, should the same be found to penetrate or intersect the
premises, as reserved in United States Patent recorded August 17,
1889 in Book 55 at Page 5.
Easement for utilities along the Southeasterly and Southwesterly 10
feet of the subject property as shown on the recorded plat of said
subdivision.
Easement for ditch 20 feet in width as shown on and set forth in the
recorded plat of said subdivision.
Restrictions, which do not contain a forfeiture or reverter clause,
but omitting restrictions, if any, based on race, color, religion or
national origin, as set forth in instrument recorded June 22, 1967 in
Book 227 at Page 452; and First Amendment to Protective Covenants for
Black Birch Estates recorded January 30, 1992 in Book 668 at Page 215
as Reception No. 341135.
Terms, conditions, obligations and restrictions as set forth in the
Articles of Incorporation for the Black Birch Estates Homeowners
Association recorded February 24, 1987 in Book 530 at Page 105 as
Reception No. 286358.
Terms and conditions regarding Road maintenance as set forth in
letter by the Black Birch Estates Homeowners Association recorded
November 22, 1996 as Reception No. 399318.
Underground Right of way Easement granted unto Holy Cross Electric
Association, Inc. as set forth in instrument recorded May 8, 1996 as
Reception No. 392466.
Encroachment of gravel cul -de -sac as built outside of the Overlook
Drive right of way, encroachment of fence outside of southerly
boundaryline, and possessory rights outside of fence along the
westerly boundaryline, as shown on survey by Lines in Space dated
April 7, 1989, updated July 29, 1997.
111111111111 HIM 1111111111111111111111111111111111111 IN IN
400200 00/00/1997 04 :27P NO DAVIS SILVI
2 of 2 R 11.00 D 61.30 N 0.00 PITKINCO COLORADO